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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MINING AND OTHER
LEGISLATION
AMENDMENT BILL 2000
Queensland
MINING AND OTHER LEGISLATION
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF COAL AND OIL SHALE MINE
WORKERS' SUPERANNUATION ACT 1989
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new part heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of ss 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3 Meaning of "mine worker" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--CONTRIBUTIONS
4 Contributions to superannuation fund . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--TRANSITIONAL PROVISION FOR MINING AND
OTHER LEGISLATION AMENDMENT ACT 2000
5 Declaration about repealed s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--AMENDMENT OF COAL MINING SAFETY AND
HEALTH ACT 1999
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 14 (Meaning of "standard operating procedure") . . . . . . . 9
9 Amendment of s 149 (Return of things that have been seized) . . . . . . . . . . 9
10 Amendment of s 186 (Membership and conduct of board proceedings) . . . 10
11 Amendment of s 201 (Action to be taken in relation to site of
accident or incident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 258 (Court may order suspension or cancellation
of certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Mining and Other Legislation Amendment
13 Insertion of new s 275A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
275A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--AMENDMENT OF EXPLOSIVES ACT 1999
14 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Amendment of s 140 (Existing regulations) . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 5--AMENDMENT OF MINING AND QUARRYING
SAFETY AND HEALTH ACT 1999
16 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Amendment of s 72 (Duration of appointment) . . . . . . . . . . . . . . . . . . . . . . . 12
18 Amendment of s 183 (Membership and conduct of board proceedings) . . . 12
19 Amendment of s 197 (Site not to be interfered with without permission) . 12
20 Amendment of s 198 (Action to be taken in relation to site of
accident or incident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Insertion of new s 228A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
228A Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Amendment of s 229 (Proof of appointments and authority
unnecessary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2000
A BILL
FOR
An Act to amend certain Acts administered by the Minister for Mines
and Energy and Minister Assisting the Deputy Premier on
Regional Development
s1 4 s4
Mining and Other Legislation Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Mining and Other Legislation 4
Amendment Act 2000. 5
PART 2--AMENDMENT OF COAL AND OIL SHALE 6
MINE WORKERS' SUPERANNUATION ACT 1989 7
amended in pt 2 8
Act
Clause 2. This part amends the Coal and Oil Shale Mine Workers' 9
Superannuation Act 1989. 10
of title 11
Amendment
Clause 3. Title, from `the transfer of' to `Superannuation Fund'-- 12
omit, insert-- 13
`superannuation fund contributions by employers and employees in 14
the coal and oil shale mining industries'. 15
of new part heading 16
Insertion
Clause 4. Before section 1-- 17
insert-- 18
`PART 1--PRELIMINARY'. 19
s5 5 s6
Mining and Other Legislation Amendment
of s 2 (Definitions) 1
Amendment
Clause 5.(1) Section 2, definitions "contributor", "existing pensioner", 2
"fund", "mine worker", "previous Act" and "tribunal"-- 3
omit. 4
(2) Section 2-- 5
insert-- 6
` "mine" means a coal or oil shale mine. 7
"mine worker" see section 3. 8
"owner", of a mine-- 9
(a) means a person who is the proprietor, lessee or occupier of a 10
mine or any part of a mine but does not include-- 11
(i) a person who merely receives a royalty, rent or fine from the 12
mine; or 13
(ii) the proprietor of a mine that is subject to a lease, grant or 14
licence to another person for working the mine; or 15
(iii) a person who is merely the owner of the soil and has no 16
interest in the coal or oil shale of the mine; and 17
(b) includes the holder of an exploration permit for coal under the 18
Mineral Resources Act 1989.'. 19
of ss 35 20
Replacement
Clause 6. Sections 3 to 5-- 21
omit, insert-- 22
of "mine worker" 23
`Meaning
`3.(1) The following persons are mine workers-- 24
(a) a person employed, whether underground or above ground, in or 25
about a mine by the owner of the mine; 26
(b) a person employed by the owner of a mine principally to transport 27
coal or oil shale from the mine to a railway line, wharf, 28
processing works or other point of delivery; 29
s6 6 s6
Mining and Other Legislation Amendment
(c) an elected official of an employee organisation of which the 1
majority of members are mine workers; 2
(d) a superintendent, manager or under manager of a mine; 3
(e) a person ("person A") employed by the owner of a mine in a 4
capacity only indirectly connected with the working of the mine or 5
only on a part-time or casual basis if-- 6
(i) appropriate contributions have been made to the 7
superannuation fund by and for person A and the trustee has 8
not decided that person A is not a mine worker for the 9
purposes of this Act; or 10
(ii) the trustee is satisfied person A is a mine worker for the 11
purposes of this Act; 12
(f) a coke worker employed in or about a mine by the owner of the 13
mine; 14
(g) a superintendent or an instructor of a mines rescue brigade. 15
`(2) A person is taken to be a mine worker if-- 16
(a) the person is a member of a partnership that is the owner of a 17
mine; and 18
(b) the person works, whether underground or above ground, in or 19
about the mine; and 20
(c) the person would be a mine worker under subsection (1) if the 21
person were employed by the partnership. 22
`(3) Also, a person ("person B") is taken to be a mine worker if-- 23
(a) another person (a "contractor"), carries out work in connection 24
with the mine under an agreement between the contractor and the 25
owner; and 26
(b) person B is employed by the contractor, whether underground or 27
above ground, in or about the mine under either of the following 28
awards to which the contractor is a respondent-- 29
(i) the Coal Mining Industry (Production and Engineering) 30
Consolidated Award 1997; 31
(ii) the Coal Mining Industry (Supervision and Administration) 32
s6 7 s6
Mining and Other Legislation Amendment
Consent Award, 1990 Queensland; and 1
(c) person B would be a mine worker under subsection (1) if 2
person B carried out the same duties or performed the same work 3
as an employee of the owner. 4
`(4) Also, a person ("person C") is taken to be a mine worker if-- 5
(a) a further person (a "subcontractor"), carries out work in 6
connection with the mine under an agreement between the 7
subcontractor and the contractor; and 8
(b) person C is employed by the subcontractor, whether underground 9
or above ground, in or about the mine under either of the 10
following awards to which the subcontractor is a respondent-- 11
(i) the Coal Mining Industry (Production and Engineering) 12
Consolidated Award 1997; 13
(ii) the Coal Mining Industry (Supervision and Administration) 14
Consent Award, 1990 Queensland; and 15
(c) person C would be a mine worker under subsection (1) if 16
person C carried out the same duties or performed the same work 17
as an employee of the owner. 18
ART 2--CONTRIBUTIONS 19
`P
to superannuation fund 20
`Contributions
`4.(1) For each pay period for each mine worker, the following persons 21
must make contributions to the superannuation fund at the rates stated-- 22
(a) the mine worker, at the rate of 2.5% of the award wage for a 23
coalcutting machineman under the Coal Mining Industry 24
(Production and Engineering) Consolidated Award 1997 (the 25
"award wage"); 26
(b) the mine worker's employer, at the rate of 7.5% of the award 27
wage. 28
Maximum penalty for subsection (1)(b)--20 penalty units. 29
s6 8 s6
Mining and Other Legislation Amendment
`(2) The following persons are employers for the class of mine worker 1
stated in the section mentioned-- 2
(a) section 3(1)(a), (b), (d), (e) and (f)--the owner of the mine; 3
(b) section 3(1)(c)--the employee organisation; 4
(c) section 3(1)(g)--the mines rescue brigade; 5
(d) section 3(2)--the partnership; 6
(e) section 3(3)--the contractor; 7
(f) section 3(4)--the subcontractor. 8
`(3) Contributions to be made under subsection (1) must be made within 9
14 days after the end of the mine worker's pay period to which the 10
contributions relate. 11
`(4) Contributions to be paid under subsection (1) that are not paid within 12
the period specified in subsection (3) are a debt payable to the trustee. 13
`(5) Subsection (1) does not apply when a mine worker is on unpaid 14
leave. 15
`(6) In subsection (5)-- 16
"unpaid leave", for a mine worker, means leave during which the mine 17
worker is, with the consent of the mine worker's employer, absent 18
without remuneration from employment and includes parental leave, 19
compassionate leave and special leave but does not include-- 20
(a) sick leave during which the mine worker receives salary, wages 21
or other remuneration from the employer; or 22
(b) leave during which the mine worker receives compensation under 23
the WorkCover Queensland Act 1996. 24
s7 9 s9
Mining and Other Legislation Amendment
`PART 3--TRANSITIONAL PROVISION FOR 1
MINING AND OTHER LEGISLATION AMENDMENT 2
ACT 2000 3
about repealed s 3 4
`Declaration
`5.(1) Any obligation to pay contributions in relation to a mine worker, 5
mentioned in section 3 repealed by section 6 of the Mining and Other 6
Legislation Amendment Act 2000, never applied when the mine worker was 7
on unpaid leave. 8
`(2) In subsection (1)-- 9
"unpaid leave" has the same meaning as in section 4.'. 10
ART 3--AMENDMENT OF COAL MINING SAFETY 11
P
AND HEALTH ACT 1999 12
amended in pt 3 13
Act
Clause 7. This part amends the Coal Mining Safety and Health Act 1999. 14
of s 14 (Meaning of "standard operating procedure") 15
Amendment
Clause 8. Section 14, `a way of working'-- 16
omit, insert-- 17
`a documented way of working'. 18
of s 149 (Return of things that have been seized) 19
Amendment
Clause 9. Section 149(1)-- 20
insert-- 21
`(c) if a board of inquiry or coroner's inquest involving the thing is 22
started within 6 months, at the end of the inquiry or inquest.'. 23
s 10 10 s 13
Mining and Other Legislation Amendment
of s 186 (Membership and conduct of board 1
Amendment
proceedings) 2
Clause 10. Section 186(6) to (8)-- 3
omit, insert-- 4
`(6) Inspectors and industry safety and health representatives are taken to 5
be currently engaged in the mining industry. 6
`(7) A member may be appointed for a term of not more than 5 years.'. 7
of s 201 (Action to be taken in relation to site of accident 8
Amendment
or incident) 9
Clause 11. Section 201(1)(c), after `inspector'-- 10
insert-- 11
`within 1 month after the accident or incident'. 12
of s 258 (Court may order suspension or cancellation of 13
Amendment
certificate) 14
Clause 12. Section 258-- 15
insert-- 16
`(3) A person dissatisfied with the industrial magistrate's decision to 17
suspend or cancel the person's certificate of competency who wants to 18
appeal against the decision, must appeal to the Industrial Court.'. 19
of new s 275A 20
Insertion
Clause 13. Part 17, division 2-- 21
insert-- 22
of information 23
`Disclosure
`275A.(1) A person must not disclose information concerning the 24
personal affairs of a person or commercially sensitive information obtained 25
by the person in the administration of this Act, unless the disclosure is 26
made-- 27
s 14 11 s 15
Mining and Other Legislation Amendment
(a) with the consent of the person from whom the information was 1
obtained; or 2
(b) in the administration of this Act; or 3
(c) in a proceeding under this Act or a report of the proceeding; or 4
(d) in a proceeding before a court in which the information is relevant 5
to the issue before the court. 6
Maximum penalty--100 penalty units. 7
`(2) However, the chief inspector may communicate anything that comes 8
to the chief inspector's knowledge under this Act to an officer or authority 9
responsible for administering a law of Queensland, the Commonwealth or 10
another State about safety and health in mining. 11
`(3) This section does not limit the Freedom of Information Act 1992.'. 12
PART 4--AMENDMENT OF EXPLOSIVES ACT 1999 13
amended in pt 4 14
Act
Clause 14. This part amends the Explosives Act 1999. 15
of s 140 (Existing regulations) 16
Amendment
Clause 15. Section 140(5), `1 year after it commences'-- 17
omit, insert-- 18
`on 30 June 2001'. 19
s 16 12 s 20
Mining and Other Legislation Amendment
PART 5--AMENDMENT OF MINING AND 1
QUARRYING SAFETY AND HEALTH ACT 1999 2
amended in pt 5 3
Act
Clause 16. This part amends the Mining and Quarrying Safety and Health Act 4
1999. 5
of s 72 (Duration of appointment) 6
Amendment
Clause 17. Section 72(3)-- 7
omit. 8
of s 183 (Membership and conduct of board 9
Amendment
proceedings) 10
Clause 18. Section 183(7) and (8)-- 11
omit, insert-- 12
`(7) A member may be appointed for a term of not more than 5 years.'. 13
of s 197 (Site not to be interfered with without 14
Amendment
permission) 15
Clause 19. Section 197(1), after `incident'-- 16
insert-- 17
`of a type prescribed by regulation,'. 18
of s 198 (Action to be taken in relation to site of accident 19
Amendment
or incident) 20
Clause 20. Section 198(1)(c) and penalty-- 21
omit, insert-- 22
`(c) if the accident or incident is a type prescribed by regulation, 23
forward the report to an inspector within 1 month after the 24
s 21 13 s 22
Mining and Other Legislation Amendment
accident or incident. 1
Maximum penalty--100 penalty units.'. 2
of new s 228A 3
Insertion
Clause 21. Part 14, division 1-- 4
insert-- 5
of div 1 6
`Application
`228A. This division applies to a proceeding under this Act.'. 7
of s 229 (Proof of appointments and authority 8
Amendment
unnecessary) 9
Clause 22. Section 229-- 10
insert-- 11
`(2) Subsection (1) does not apply if reasonable notice is given to the 12
party relying on the appointment or authority that the appointment or 13
authority is to be challenged.'. 14
© State of Queensland 2000
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